Texas Republican Sen. Ted Cruz and two fellow Senate Republicans filed an amicus brief on Monday urging the Supreme Court to overturn its decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.
Cruz, a member of the Senate Judiciary Committee, filed the brief along with Missouri Republican Sen. Josh Hawley and Utah Sen. Mike Lee.
The case is slated for the court in October and challenges the legality of the historic Roe v. Wade decision that legalized abortion.
“This status quo is untenable. Where a legal doctrine has repeatedly failed to offer clarity-where it has proved unworkable in the past and will likely engender unpredictable consequences in the future-its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature,” the senators wrote.
RELEASE: Sens. Cruz, Hawley, Lee File Amicus Brief Urging Supreme Court to Overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.
— Senator Ted Cruz (@SenTedCruz) July 27, 2021
“Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states,” they added.
“62 million abortions is enough,” Hawley tweeted. “This is the greatest social justice cause of our time – the innocent unborn.”
62 million abortions is enough. This is the greatest social justice cause of our time – the innocent unborn
— Josh Hawley (@HawleyMO) July 27, 2021
The case challenges a 2018 Mississippi law that bans abortions after 15 weeks. The Fifth Circuit Court of Appeals struck down the law in 2019.
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Conservatives hope to see a favorable ruling as the case offers the first major pro-life lawsuit to appear before the Supreme Court since former President Donald Trump nominated three conservative justices.
The court now stands with a 6-3 conservative majority.
If overturned, the case would not automatically overturn Roe v. Wade. Instead, a victory would return the decision regarding abortion laws to individual states, such as the Mississippi law that bans abortion after 15 weeks.
Justice Amy Coney Barrett serves as Trump’s most recent appointee. She became the fifth woman appointed to the high court and the first to be a mother of school-age children.
When she was sworn in, Barrett said, “My fellow Americans, even though we judges don’t face elections, we still work for you.”
“It is your Constitution that establishes the rule of law, and the judicial independence that is so central to it.”
?? — WATCH: Supreme Court Justice Amy Coney Barrett speaks after being sworn in to the Supreme Court: “It is the job of a judge to resist her policy preferences.”
— Belaaz (@TheBelaaz) October 27, 2020
“The oath that I have solemnly taken tonight means at its core that I will do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences,” Barrett added.
“I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it.”
This article appeared originally on The Western Journal.
